Common use of Genetic Resources, Traditional Knowledge and Folklore Clause in Contracts

Genetic Resources, Traditional Knowledge and Folklore. 1. The Parties recognize the contribution made by the genetic resources, traditional knowledge and folklore to the scientific, cultural and economic development. 2. The Parties acknowledge and reaffirm the principles and provisions established in the Convention on Biological Diversity adopted on June 5th, 1992, and encourage the effort to establish a mutually supportive relationship between the TRIPS Agreement and the Convention on Biological Diversity, regarding genetic resources and the protection of traditional knowledge and folklore. 3. Subject to each Party's international obligations and national legislation, the Parties may establish appropriate measures to protect genetic resources, traditional knowledge and folklore. 4. Subject to future developments of national legislation, the Parties agree to further discuss the disclosure of origin or source of genetic resources and/or prior informed consent obligations in patent applications. 1. The terms listed in the Chinese List of Annex 10 (Geographical Indications) are geographical indications in China, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Peru’s domestic laws and regulations, in a manner that is consistent with the TRIPS Agreement, such terms will be protected as geographical indications in the territory of Peru. 2. The terms listed in the Peruvian List of Annex 10 (Geographical Indications) are geographical indications in Peru, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to China’s domestic laws and regulations, in a manner that is consistent with the TRIPS Agreement, such terms will be protected as geographical indications in the territory of China. 3. Subject to consultations and by mutual consent, the Parties may extend the accorded protection for geographical indications listed in Annex 10 (Geographical Indications) to other geographical indications of the Parties.

Genetic Resources, Traditional Knowledge and Folklore. 1. The Parties recognize the contribution made by the genetic resources, traditional knowledge and folklore to the scientific, cultural and economic development. 2. The Parties acknowledge and reaffirm the principles and provisions established in the Convention on Biological Diversity adopted on June 5th, 1992, and encourage the effort to establish a mutually supportive relationship between the TRIPS Agreement and the Convention on Biological Diversity, regarding genetic resources and the protection of traditional knowledge and folklore. 3. Subject to each Party's international obligations and national legislation, the Parties may establish appropriate measures to protect genetic resources, traditional knowledge and folklore. 4. Subject to future developments of national legislation, the Parties agree to further discuss the disclosure of origin or source of genetic resources and/or prior informed consent obligations in patent applications. 1. The terms listed in the Peruvian List of Annex 10 (Geographical Indications) are geographical indications in Peru, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to China’s domestic laws and regulations, in a manner that is consistent with the TRIPS Agreement, such terms will be protected as geographical indications in the territory of China. 2. The terms listed in the Chinese List of Annex 10 (Geographical Indications) are geographical indications in China, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to Peru’s domestic laws and regulations, in a manner that is consistent with the TRIPS Agreement, such terms will be protected as geographical indications in the territory of Peru. 2. The terms listed in the Peruvian List of Annex 10 (Geographical Indications) are geographical indications in Peru, within the meaning of paragraph 1 of Article 22 of the TRIPS Agreement. Subject to China’s domestic laws and regulations, in a manner that is consistent with the TRIPS Agreement, such terms will be protected as geographical indications in the territory of China. 3. Subject to consultations and by mutual consent, the Parties may extend the accorded protection for geographical indications listed in Annex 10 (Geographical Indications) to other geographical indications of the Parties.